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Racine Family Law Blog

Missing child found with non-custodial parent in Wisconsin

Family courts take various factors into consideration when deciding the parent with whom a child will live. However, the most prominent is the best interests of the child in question. If a non-custodial parent wants to spend time with his or her child, it must be as defined by the child custody order and not by taking his or her child anywhere other than those places stipulated by the agreement. A non-custodial parent's failure to follow judicial orders can have serious legal consequences.

Residents of Racine, Wisconsin, will agree that abducting a child from a custodial parent may not only violate a court-ordered child custody arrangement, but also puts the child's safety at risk, particularly if the non-custodial parent was denied custody rights because of medical or legal issues. This kind of abduction could impact the child by hampering his or her physical, mental and emotional growth.

A lawyer can help you protect financial interests in Wisconsin

Racine, Wisconsin, residents realize that a divorce has a financial side. Property division, child custody, child support, and alimony are factors that can impact a spouse financially, if not handled properly. Various financial factors can worry both spouses and lead to bitterness that could greatly impact the future and their children. It is in the best interest of both parties to discuss these contentious issues with a cool mind. Since divorce cases involve numerous legalities, the services of an attorney can greatly help secure the financial interests of a divorcing spouse.

Wisconsin residents should seek the help of an attorney who can negotiate a settlement in a marital property state. The law firm, Johnson and Trampe, S.C., takes a comprehensive approach to divorce cases to help our clients protect their financial interests. Our law firm also understands that family law issues are emotional and that our clients are transitioning to a new period in their lives.

Wisconsin uses "income withholding" for child support

Following a divorce, a child affected by the split probably suffers the most emotionally. A child completely depends on the financial support provided by his or her parents, so stopping support by one parent may further impact the child in a big way.

Residents of Racine, Wisconsin, probably know children of a divorce generally live with one parent while the other parent supports the children financially in the form of regular court-ordered payments used to meet everyday expenses, medical expenses and other financial concerns.

Property division an issue in billionaire divorce case

According to all reports, the high divorce rate continues unabated in Wisconsin and across the country. Many complex issues are at stake when a couple decides to end a marriage. Child custody, alimony or spousal support and, if the couple is a high-profile one, property division may all be areas of contention. In a high-asset divorce, it is not uncommon for spouses try to hide assets in order to avoid paying the right amount of alimony.

In a recent divorce case with an astoundingly high asset division, a former spouse of a billionaire oil tycoon alleged that she was awarded an inadequate portion of the available marital assets. The ex-wife was awarded $1 billion by a court, but she now contends that this award is grossly undervalued and much less than the portion of marital property to which she believes she is entitled.

Converting legal separation into divorce in Wisconsin

Unfortunately, there comes a time in many marriages from Wisconsin and throughout the country when the couple realizes that their decision to tie the knot was wrong. The reasons are innumerable. But before actually filing for divorce, many couples first undergo a legal separation.

Now, the question is how do you convert a legal separation to a divorce? First is by stipulation, in which parties convert a legal separation to a divorce by mutual consent. The FA-4162 court form allows two spouses to convert a legal separation into a divorce. There is no waiting period for this procedure and a legal separation can be converted into a divorce at any time during a separation.

Alimony and its impact on income taxes

It is true that when a couple goes through a divorce, it can be very painful. Hearts break and raw emotions are exposed as a war of words breaks out between the couple. Not only is a divorce emotionally taxing, but it can also have financial implications, too, as a spouse is ordered to pay alimony or spousal support. Wisconsin residents are no exception to this rule.

There are certain factors involved when alimony is considered for federal tax purposes. If the spouses do not file a joint income tax return, the alimony will be taxable. The same rule applies if the alimony payments are made in cash. The person who receives the alimony payments will have to pay taxes on that income. Also, a person is not required to pay alimony if the spouse dies. If the payment is not in the form of child support or a settlement in property-related issues, it will constitute taxable income.

Wisconsin equitable property division often requires legal advice

As many reports indicate, divorce continues to rise in the United States and Wisconsin divorce rates are no exception. When a couple splits, many issues are at stake, including child custody, alimony and property division, which can be a particularly complex matter.

What is the definition of marital property? What happens to assets that spouses acquire after saying, "I do?" A divorcing spouse may not possess the legal knowledge or understanding to stand alone in court for a fair and equitable distribution of marital assets. The support and expertise of an astute lawyer who will effectively present your side in court is essential.

How do you modify child support orders in Wisconsin?

Wisconsin couples will probably agree that divorce can devastate a child. In the best interests of the child, it is better for divorcing couples to maintain a harmonious relationship and avoid any potential conflict. Normally, the child lives with one parent and child support is paid by the other. A child support order can be modified only if there has been a significant change in circumstances.

However, before the child support order is modified, the court will review it. The court will ask for financial information from the child's parents. After the review, the court order can be modified, and as a result, the child support may increase or decrease, depending on the situation.

Wisconsin non-profit provides collaborative divorce to the needy

Wisconsin couples may be aware of the legal divorce option called collaborative divorce that enables married couples to split up without going through elaborate court proceedings. Now, a new non-profit group is working to provide low-income Wisconsin residents the same opportunity to use this type of divorce process. What's more, they can avail the service without burning a big hole in their savings.

The organization, known as the Collaborative Foundation of Wisconsin, brings the advantages of collaborative divorce to low-income residents. A founding member said initially she was quite skeptical about collaborative divorce. However, now she has a lot of faith in a couple parting ways mutually and she is touting the benefits of collaborative divorce to low-income groups who cannot afford high legal fees.

Introduction to child custody in Wisconsin - Part II

Child custody is often a major concern among divorcing couples in Wisconsin. Generally, courts assume that children are happiest when they have a good relationship with both parents. The parent who has custody will make all routine decisions, such as a child's extra-curricular activities, his or her bed time, diet and social activities. Children are always at their best when the parents agree on the child's rules, even when the parents are no longer together.

Considering the best interests of the child, parents should not engage in child custody battles. Both parents need to discuss parenting time and get the agreement approved by the court. Parents may work with family counselors to ensure that the plan is in the best interest of the child. The court usually gives the seal of approval to any agreement that is mutual and is reasonable.

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